Legal Definitions - Chimel search

A Chimel search refers to a specific type of search that law enforcement officers are permitted to conduct without a warrant, immediately following a lawful arrest. This type of search is strictly limited to the area within the arrestee's "immediate control" – meaning the space from which the person could reasonably grab a weapon or destroy evidence. The legal basis for this exception to the warrant requirement comes from the U.S. Supreme Court case Chimel v. California.

The primary justifications for a Chimel search are:

• To ensure the safety of the arresting officers by preventing the arrestee from accessing weapons.
• To prevent the destruction of evidence by the person being arrested.

It is important to note that a Chimel search is not a general search of the entire premises where the arrest occurs, but rather a narrowly defined search of the area directly accessible to the arrestee at the time of their arrest.

Here are some examples illustrating a Chimel search:

• Example 1: Arrest in a Living Room

  Police officers lawfully arrest a suspect for theft while he is sitting on a sofa in his living room. Immediately after the arrest, the officers conduct a search of the suspect's person, the cushions of the sofa where he was sitting, and the coffee table directly in front of him. They do not search a closed cabinet across the room or a bedroom down the hall.

  Explanation: This is a Chimel search because the officers limited their search to the suspect's immediate grab area – the sofa and coffee table – which were within his "wingspan" at the time of arrest. This area is where he could potentially reach for a weapon or attempt to hide or destroy evidence. The officers correctly refrained from searching areas beyond his immediate control, such as the cabinet or bedroom, as those would require a separate warrant or another exception to the warrant rule.

• Example 2: Traffic Stop Arrest

  An officer pulls over a driver for reckless driving and, after confirming an outstanding warrant, lawfully arrests the driver. While the driver is still seated in the car, the officer searches the driver's person, the driver's seat, the glove compartment, and the console between the front seats. The officer does not search the trunk or the back seat of the car.

  Explanation: This scenario illustrates a Chimel search because the officer's search was confined to the areas within the driver's immediate reach at the time of arrest – the driver's person, the seat, and accessible compartments like the glove box and console. These are places where the driver could have quickly accessed a weapon or disposed of evidence. The trunk and back seat were outside the driver's immediate control and thus not part of a permissible Chimel search.

• Example 3: Arrest in a Kitchen

  Detectives execute a lawful arrest warrant for a suspect involved in drug manufacturing, finding him standing at a kitchen counter. After securing the suspect, they search his pockets, the immediate countertop space directly in front of him, and an open drawer next to where he was standing. They do not search the refrigerator, the pantry, or other closed cabinets in the kitchen.

  Explanation: This is a valid Chimel search. The officers restricted their search to the suspect's person and the areas immediately accessible to him – the countertop and the open drawer. These are locations where he could have potentially grabbed a hidden weapon or quickly discarded small items of evidence. The refrigerator, pantry, and other closed cabinets were beyond his immediate reach and therefore outside the scope of a Chimel search.